Do I need to notify the respondents before filing writ

Dear Rakesh

It is mandatory that you need to send a representation to the authority from whom you are claiming your right under article 226, if that authority rejects your claim you could directly challenge it in the court without legal notice and the court would send notice to the respondents depending upon the the number of applications you have taken up. for a mandamus i think u need to give some breathing space to the authority to act on your representation on the failure of which you can file a writ. in all cases court will direct notice to the respondents and no private notice before filing is required.

Thank you sir for your responce. I am as ever gratefull. It has been more than 2 months (60 Days) since I gave representations (that were sent by registered post) to the Agra development Authority. Also the Vice chairman, Chieft Town Planner , The secratary and the The chief engineer of the Authority were personally appraised by me. I had explained my represntation point by point to them and clearly put forward my prayer. But since then no action has been taken by them. Also I had filed a RTI one month back in the same matter requesting the Authority for explanation but in reply to the RTI they have given an indirect and vague reply.

 

Do I need to give notice to the Respondent No.2 who is a pvt company. I am already in litigation with the Respondent No.2 and have given several representations (that were sent to him by registered post) on this very matter.

How much time should i given in the notice period? What should be the least time period of notice?

You need not give notice to the private co.,

As Mr. Rajeev has rightly pointed out u need not give notice to the private respondents, since you have also sought information from the RTI i think u can go ahead file your case along with your representations and RTI applications.

Hi Rakesh Kumar, you can save Court fee and a lot of hassle by suing Agra Development Authority in Consumers Forum (I know that was not the answer to your question but I read a Supreme Court order in a case where Lucknow Development Authority was sued in Consumer's Forum and Supreme Court ruled that government body could be sued in Consumer Forum.) I'm suing the civic body in Civil Court (Pune District) and let me tell you, I have lost a LOT of money on court fees and had to run from pillar to post even to get summons served. Don't feed the crooks in Civil Courts. I cannot guarantee that you will get justice in Consumer Forum but at least it's a faster and less expensive process.

Hi Uma, I have already sued the builder in the district consumer court and also acquired a temporary injunction against building a shopping mall that he is constructing infront of my flat. Consumer court experience has been really good so far. Now i want to file complaints agaist the Development Authority who, acting in connivance with the builder, has approved the building plan of this shopping mall in violation to the applicable building code. I am of the opinion that once a writ is issued in this matter than the development authority will have no other choice but to demolish this illegal construction. Is writ petition process very costly? Will the high court allow me (non lawyer) to present and argue the case on my own? This case is no longer about my own personal interests but has turned into a subject of public interest.